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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 13TH DAY OF DECEMBER, 2017

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

CRIMINAL PETITION NO.201090/2017
C/W
CRIMINAL PETITION NO.201194/2017

CRL.P.No.201090/2017

BETWEEN:

Veera Reddy
S/o Rajashekhara Reddy
Age: 33 years, Occ: Agriculture
R/o Dinni Village,
Tq. Dist: Raichur.
… PETITIONER

(BY SRI ISWARAJ S. CHOWDAPUR, ADVOCATE)

AND:

The State of Karnataka
[Through Yergera Police Station Raichur]
Represented by
Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench.

… RESPONDENT

(BY SRI P.S.PATIL, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER
ON BAIL IN CRIME NO.222/2017 OF YERGERA POLICE
STATION FOR THE OFFENCE PUNISHABLE U/S 498A,
323, 504, 306 304B of IPC AND SECTIONS 3 AND 4 OF
DOWRY PROHIBITION ACT, 1961 WHICH IS PENDING
BEFORE THE CJM COURT RAICHUR.

CRL.P.No.201194/2017

BETWEEN:

1. Rajshekhar Reddy
S/o Veera Reddy
Age: 60 years,
Occ: Agriculture
R/o Dinni village
Tq: Dist: Raichur-584101.

2. Smt. Aimavathi
W/o Rajashekhar Reddy
Age: 55 years
Occ: Household
R/o Dinni village
Tq: Dist: Raichur-584101.
… PETITIONERS

(BY SRI ISWARAJ S. CHOWDAPUR, ADVOCATE)

AND:

The State of Karnataka
[Through Yergera Police Station Raichur]
Represented by
Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench.

… RESPONDENT
(BY SRI P.S.PATIL, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONERS
ON BAIL IN CRIME NO.222/2017 OF YERGERA POLICE
STATION FOR THE OFFENCES PUNISHABLE U/S 498A,
323, 504, 306 304B of IPC AND SECTIONS 3 AND 4 OF
DOWRY PROHIBITION ACT, 1961 WHICH IS PENDING
BEFORE THE CJM COURT RAICHUR.

THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel for the petitioners and

learned High Court Government Pleader for the

respondent – State.

2. The present petitions are filed under Section

439 of Cr.P.C. by the petitioners seeking regular bail in

Crime No.222/2017 of Yergera Police Station. The

offences alleged against the petitioners are punishable

under Sections 498A, 323, 504, 306 304B of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961.

3. The substance of the complaint is that

petitioner – Veera Reddy married one Pavitra five years

back and at the time of marriage the parents of Pavitra
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have to give 2 tolas of gold necklace, 6 grams of ear

rings and Rs.70,000/-. For two years after the marriage

they led happy married life. Thereafter troubles started.

After two years petitioners started to give torture to

Pavitra in respect of demanding more dowry of

Rs.1,00,000/-. Pavitra and Veera Reddy accused No.1

stayed 9 months at Adoni. Thereafter petitioners

brought them to Dinni village. Deceased refused to stay

with her husband and his parents. Thereafter,

deceased stayed 2 months with her parents. Then,

deceased came to her in-law house. Further it is alleged

that 4 days prior to the date of incident all the accused

gave torture to the deceased in respect of more dowry.

During night of 01.8.2017 all the family members were

sleeping on the roof of the house. On 02.08.2017 at 1

a.m. deceased took the key got down. She did not

return to on roof. Then accused No.1 and his parents

came down and saw that Pavitra committed suicide by

hanging herself by using her saree. They untied the
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saree. Then complainant and their relatives rushed to

the spot. After discussion with their relative, the

complaint is lodged by mother of the deceased.

4. Learned counsel for the petitioners submits

that accused-petitioners are in judicial custody. They

are innocent and they have not committed any offence

as alleged by the prosecution. The said offences are not

punishable with the death or imprisonment for life.

Deceased wanted to stay away from her father-in-law

and mother-in-law. Hence, both of them went to Adoni

from Dinni village. He further submits that false

allegations are made against the petitioners after

consultation with relatives and as an afterthought.

Hence, he prays that the petitioners be released on bail.

5. Learned HCGP opposes the grant of bail to

the petitioners and seeks dismissal of the petition.
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6. The petitioners-accused are in judicial

custody. Final report has been filed and there is no

allegation of interference to investigation by the

petitioner. In the light of the fact that the petitioners

have been in judicial custody, I opine that there was no

interference to the investigation. Moreover there is no

complaint from the prosecution regarding resorting for

unwanted tactics by the petitioners. The matter shall

have to be adjudicated through a full fledged trial. In

the context of circumstances, the bail petitions deserve

to be allowed. However, the apprehension of the

prosecution could be resolved by imposing suitable

conditions.

7. Accordingly, the petitions under Section 439

of Cr.P.C. are allowed and the petitioners are enlarged

on bail, subject to the following conditions:

a) Petitioners shall be released on bail in Crime
No.222/2017 for the offences punishable
under Sections 498A, 323, 504, 306, 304B of
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IPC and Sections 3 and 4 of Dowry
Prohibition Act, on each of them executing a
personal bond for a sum of Rs.1,00,000/-
each and a surety for the likesum to the
satisfaction of the concerned Court.

b) They shall not tamper or terrorize the
prosecution witnesses in any manner.

c) They shall not leave the jurisdiction of
Karnataka State without permission of the
trial Court.

d) Petitioner in Crl.P.No.201090/2017 i.e.
Veera Reddy shall mark his attendance on
every Second Saturday between 9.00 am and
10.00 a.m. in the jurisdictional police station
until further orders by the trial Court.

8. If the petitioners violate any of the

conditions, the prosecution is at liberty to seek for

cancellation of bail.

Sd/-

JUDGE
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